Health & Saf. Code §1597.55a. Site Visits, Unannounced Visits, and Spot Checks

California Health & Safety Code  >   Health & Saf. Code §1597.55a. Site Visits, Unannounced Visits, and Spot Checks

(Effective June 24, 2015, operative January 1, 2016, inoperative and repealed as of January 1, 2017)

Every family day care home shall be subject to unannounced inspections by the department as provided in this section. The department shall inspect these facilities as often as necessary to ensure the quality of care provided.

(a)   The department shall conduct an announced site visit prior to the initial licensing of the applicant.

(b)   The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:

(1)   When a license is on probation.

(2)   When the terms of agreement in a facility compliance plan require an annual inspection.

(3)   When an accusation against a licensee is pending.

(4)   In order to verify that a person who has been ordered out of a family day care home by the department is no longer at the facility.

(c)   (1)   The department shall conduct annual unannounced inspections of no less than 20 percent of facilities not subject to an inspection under subdivision (b). These unannounced inspections shall be conducted based on a random sampling methodology developed by the department.

(2)   If the total citations issued by the department exceed the previous year’s total by 10 percent, the following year the department shall increase the random sample by 10 percent of the facilities not subject to an inspection under subdivision (b). The department may request additional resources to increase the random sample by 10 percent.

(d)   Under no circumstance shall the department inspect a licensed family day care home less often than once every five years.

(e)   A public agency under contract with the department may make spot checks if it does not result in any cost to the state. However, spot checks shall not be required by the department.

(f)    The department or licensing agency shall make an unannounced site inspection on the basis of a complaint and a followup inspection as provided in Section 1596.853.

(g)   An unannounced site inspection shall adhere to both of the following conditions:

(1)   The inspection shall take place only during the facility’s normal business hours or at any time family day care services are being provided.

(2)   The inspection of the facility shall be limited to those parts of the facility in which family day care services are provided or to which the children have access.

(h)   The department shall implement this section during periods that Section 1597.55b is not being implemented in accordance with Section 18285.5 of the Welfare and Institutions Code.

(i)    This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date. [2015]

 

(Effective June 24, 2015, operative January 1, 2017)

Every family day care home shall be subject to unannounced inspections by the department as provided in this section. The department shall inspect these facilities as often as necessary to ensure the quality of care provided.

(a)   The department shall conduct an announced site inspection prior to the initial licensing of the applicant.

(b) The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:

(1)   When a license is on probation.

(2) When the terms of agreement in a facility compliance plan require an annual inspection.

(3) When an accusation against a licensee is pending.

(4) In order to verify that a person who has been ordered out of a family day care home by the department is no longer at the facility.

(c) (1)   The department shall conduct annual unannounced inspections of no less than 30 percent of facilities not subject to an inspection under subdivision (b).

(2)   These unannounced inspections shall be conducted based on a random sampling methodology developed by the department.

(d) The department shall inspect a licensed family day care home at least once every three years.

(e) A public agency under contract with the department may make spot checks if it does not result in any cost to the state. However, spot checks shall not be required by the department.

(f)   The department or licensing agency shall make an unannounced site inspection on the basis of a complaint and a followup inspection as provided in Section 1596.853.

(g) An unannounced site inspection shall adhere to both of the following conditions:

(1)   The inspection shall take place only during the facility’s normal business hours or at any time family day care services are being provided.

(2) The inspection of the facility shall be limited to those parts of the facility in which family day care services are provided or to which the children have access.

(h) The department shall implement this section during periods that Section 1597.55b is not being implemented in accordance with Section 18285.5 of the Welfare and Institutions Code.

(i)            This section shall become operative on January 1, 2017. [2015]

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